Published by Mei in Work Visas | Updated 2024
H1b holders can file for a EB1 green card, as soon as you arrive in the USA, however, it might be smart to work with the company while building your career in the US before applying.
- Consider applying if you are:
- Extraordinary ability in the sciences, arts, education, business, or athletics
- Outstanding professor or researcher
- Multinational executive or manager
- You must have documentation to support your claim of eligibility
The documentation required to support an EB-1 visa application is extensive and we go through that here in these Articles.
Consider:
- Letters of recommendation from experts in your field
- Proof of education and training
- Evidence of professional achievements
- Publications or other works that demonstrate your expertise and therefore your sustained acclaim
- Check out the criteria
Here are some additional details about each of the EB-1 categories:
Extraordinary Ability
To qualify for an EB-1 visa under the extraordinary ability category, you must demonstrate sustained national or international acclaim in the sciences, arts, education, business, or athletics. You must be able to provide evidence of your achievements, such as awards, publications, or media coverage.
Outstanding Professors or Researchers
To qualify under the outstanding professors or researchers category, you must have a PhD or equivalent degree and have at least three years of teaching or research experience at a university or other institution of higher education. You must also have been offered a tenured or tenure-track position at a U.S. university or other institution of higher education.
Multinational Executives or Managers
To qualify for an EB-1 visa under the multinational executives or managers category, you must have been employed abroad by a company that has a branch or affiliate in the United States for at least one year in the three years before filing your petition. You must also be coming to the United States to work in a managerial or executive capacity for the same company.
H1B visas are for those who are planning to work as a professional for a US-based company or organization, whereas L1 visas are for those who already work for a foreign branch of a US-based company, or are planning to open operations in the US of a foreign-based company. Both visas have different eligibility requirements, benefits and limitations.
If you want to change your status from L1 to H1B, you will need to find an employer who is willing to sponsor you and file a petition on your behalf. You will also need to meet the H1B eligibility criteria and be subject to the annual cap and lottery system. You could, also, on an L1 visa go straight for the EB-1.
If you are an H-1B holder who believes that you may be eligible for an EB-1 visa have a read of our articles – we hope they help.
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All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying. This information is for general guidance only and shouldn’t be considered legal advice.
If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!